Murphy Survival Action Lawyer
If your loved one suffered injuries that ultimately resulted in their untimely passing, you may be able to recover financial compensation through a survival action. While a survival action claim differs from a wrongful death claim, both provide recourse for surviving family members dealing with the financial and emotional aftermath of a loved one’s untimely death.
By working with a seasoned Murphy survival action lawyer, you could feel confident in your decisions moving forward with a claim. An experienced and understanding attorney could review the circumstances of your loved one’s passing and help you decide whether a survival action or wrongful death claim is right for you.
Survival Action Versus Wrongful Death Claim
A survival claim compensates the estate of the deceased individual for the losses suffered prior to the person’s untimely demise, typically with assistance from a Murphy attorney. These claims are based on the damages the deceased loved one would have requested if they survived the fatal incident. Such claims subsequently include medical bills, lost wages, pain and suffering, and property damage costs. Damages are paid to the estate instead of surviving family members, which allows beneficiaries to receive compensation.
While Texas laws limit who can file wrongful death claims, survival claims allow for a larger variety of people to file. A wrongful death claim only allows the surviving spouse, parents, or children of the decadent to make claims, with siblings and cousins being exempt. A survival claim allows close family members to file, as well as named beneficiaries. For example, if the will of the deceased person lists a distinct cousin as the beneficiary, that individual can file a survival claim.
Notably, only one person makes a survival claim, which also separates it from a wrongful death case where multiple family members function as plaintiffs. If no will is in place and there are multiple heirs, those individuals must decide who among them will make the claim and represent their interests.
What Types of Accidents Warrant Survival Claim Cases?
Just like wrongful death claims, survival actions can arise when another person’s negligence results in the untimely passing of another. However, for a survival action, the deceased must have initially survived the incident, and therefore collected damages prior to passing away. Negligent incidents that may prove fatal include:
- Medical malpractice
- Fatal car wrecks
- Worksite accidents
- Defective products
- Pedestrian and bicycle collisions
- Industrial accidents
- Assault and battery
The family of the deceased should speak with a local attorney about whether a survival action or wrongful death claim is more appropriate for their situation.
Get in Touch with a Murphy Survival Action Attorney Right Away
If your loved one suffered substantial damages immediately prior to their death, you may be able to seek financial compensation for these losses. If their untimely passing was the result of another party’s negligent conduct, a Murphy survival action lawyer could help you and your family determine the best course of action to meet your needs. Whether that is a survival action or a wrongful death claim, our compassionate attorneys are here to help. Call our office today and schedule a free case consultation.